The question therefore was whether non-statutory arbitration tribunals based on agreement by the parties could also submit relevant questions to the ECS for preliminary ruling. The court of Justice denied his authority. Even though they recognized that “there are certain similarities between the activities of the arbitration tribunal in question and those of an ordinary court ass the arbitrator must decide according to law and his award has the force of res judicata‚ and may be enforceable if
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Dispute Resolution Methods Alberta’s Labour Relations Code and Police Officers Collective Bargaining Act provide methods for resolving disputes including: Mediation Voluntary Arbitration Board Compulsory Arbitration Board Interest Arbitration Board Disputes Inquiry Board Public Emergency Tribunal Construction Industry Disputes Resolution Tribunal Introduction Collective bargaining is the process through which employers and employees establish the terms and conditions of employment in
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(ADR) processes to help people resolve disputes without a trial. ADR is usually less formal‚ less expensive‚ and less time-consuming than a trial. ADR is generally classified into at least four types: negotiation‚ collaborative law‚ mediation‚ and arbitration. Negotiation is a dialogue between two or more people or parties‚ intended to reach an understanding‚ resolve point of difference‚ or gain advantage in outcome of dialogue. Negotiation is intended to aim at compromise. Collaborative law (also
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Disputes 3 4. Chapter 4 The Development of Alternative Dispute Resolution 3 5. Chapter 5 Types of Alternative Dispute Resolution 3 6. Chapter 6 Negotiation 3 7. Chapter 7 Conciliation/Mediation 3 8. Chapter 8 Arbitration 4 9. Chapter 9 Adjudication 4 10. Conclusion 4 11. Recommendation 4 12. Bibliography 4 13. ALTERNATIVE DISPUTE RESOLUTION 1. Chapter 1 Introduction In all aspects of
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Week 1 Discussion Assignment - 2 Parts Due 11:59pm Friday Part 1 - Choose one part of the assigned textbook question to answer Part 2 - Choose ONE of the options [pic] Part 1 - Choose one part of the assigned textbook question to answer An important concept this week is jurisdiction. As the text explains‚ a court must have subject matter jurisdiction to hear a case. Subject matter jurisdiction is rather straight forward - the court must have jurisdic tion to hear the
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mediation‚ arbitration‚ and adjudication‚ I will also discuss the advantages and disadvantages of each method. Arbitration is where disputing parties involved discuss their differences to an individual judge or a team of private third party judges. The judge or judges determine the result of the case. The result that the judge composes is binding. This is not considered as a trial court‚ so the regulations of evidence and procedures are not official. The advantages of arbitration are the case
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Case Analysis of Conflict Management through Negotiation and Mediation A. As an employer‚ BioRemedia Inc. has the right to expect undivided loyalty from its employees. Conflicts of interest result from situations or activities which may benefit the employee by ability of his/her position with or at the expense of the company. Employees must avoid situations where their personal interests could conflict with‚ or even appear to conflict
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Demerits of ADR Chapter Two: Appropriate Dispute Resolution Mechanisms 11 2.1 Negotiation 12 2.2 Mediation 26 2.3 Conciliation 35 2.4 Compromise 38 2.5 Arbitration 42 Chapter Three: Commercial Arbitration 56 3.1 Power Duty Qualification and Replacement of Arbitrators 56 3.2 Arbitration Proceedings 58 3.3 Arbitration Award and Enforcement 59 Conclusion and Recommendation 60 Endnotes 64 Chapter One 1.1 Introduction This paper is based on the writer’s seventeen months long
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Resolution of disputes was a major function under the indigenous system of governance. The role was taken up by the elders or the chief and was meant to maintain social cohesion. In its operation‚ African dispute resolution was very much like arbitration in that resolution of disputes was not adversarial. Any person who is concerned
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court‚ or arbitration. Arbitration is favored by the World Trade Organization (WTO). Members of the WTO are preferred to attempt arbitration before any other legal action (Repa‚ 2013). Arbitration allows a judgment and agreement to be reached without involving courts keeping a low-profile on the dispute (Melvin‚
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